Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
02-70421
|
Banaitis v. Commissioner of Internal Revenue
Attorney fees paid by plaintiff should not be included in plaintiff's gross income total. |
Taxation |
|
Oct. 9, 2003 | |
01-71902
|
Sierra Club v. EPA
EPA erred in concluding Imperial County would have achieved required air quality standards but for negative effects of transborder emissions from Mexico. |
Environmental Law |
|
Oct. 9, 2003 | |
01-35829
|
Center for Biological Diversity v. Badgley
Determination that listing the Northern Goshawk as threatened or endangered species is not warranted, is supported by evidence in record. |
Administrative Agencies |
|
Oct. 8, 2003 | |
02-55230
|
Circuit City Stores Inc. v. Mantor
Corporation's arbitration agreement is unconscionable under California contract law. |
Civil Procedure |
|
Oct. 8, 2003 | |
S117313
|
People v. Moss
Order |
|
Oct. 8, 2003 | ||
S106503
|
Jarrow Formulas Inc. v. LaMarche
Lawsuit for malicious prosecution is subject to strike under anti-SLAPP statute. |
Civil Procedure |
|
Oct. 8, 2003 | |
S032832
|
People v. Martinez
Defendant's murder conviction in Texas qualifies as prior murder for purposes of California's special circumstance provision. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
S106256
|
Hassan v. Mercy American River Hospital
Entity that conveys information used to evaluate physician enjoys qualified privilege. |
Torts |
|
Oct. 8, 2003 | |
B157983
|
People v. Gilbeaux
Janitors, non-employees of grocery store, still had constructive possession of property for purposes of robbery convictions. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
S107167
|
People v. Gonzalez
Trial court need not issue tentative decision in order for parties to be clearly apprised of sentence intended by court. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
S110662
|
Southern California Edison Co. v. Peevey
State utilities commission was authorized to enter into settlement under federal law. |
Administrative Agencies |
|
Oct. 8, 2003 | |
S107266
|
People v. Williams
Act's definition of sexually violent predator encompasses requirement that offender has serious difficulty in controlling sexual behavior. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
E031562
|
Green v. Par Pools Inc.
In sex discrimination action, employer provided sufficient evidence to justify differences in pay wages. |
Civil Rights |
|
Oct. 8, 2003 | |
S034110
|
People v. Crew
Conviction and death sentence for defendant who murdered wife are upheld. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
S103343
|
People v. Reynoso
Trial court's conclusion that prosecutor's exercise of peremptory challenges was sincere and genuine is entitled to great deference. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
F041425
|
Jessen v. Hartford Casualty Insurance Co.
Proper standard for assessing disqualification of attorneys in successive representation cases is substantial relationship test. |
Attorneys |
|
Oct. 8, 2003 | |
01-35556
|
Nulph v. Cook
Parole board vindictively increased sentence of defendant who was successful on appeal. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
01-30066
|
U.S. v. Villalobos
Defendant who was not informed about prosecutor's burden of proof regarding drug quantity may withdraw guilty plea. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
01-10717
|
U.S. v. Guerrero
District court must reconsider whether defendant deserves downward sentence departure for aberrant behavior. |
Criminal Law and Procedure |
|
Oct. 8, 2003 | |
01-71662
|
Hemp Industries Assn. v. Drug Enforcement Administration
Rule banning sale of consumable products containing hemp oil, cake, or seed is procedurally invalid legislative rule. |
Administrative Agencies |
|
Oct. 8, 2003 | |
01-15958
|
American Civil Liberties Union of Nevada v. City of Las Vegas
City pedestrian mall must be considered traditional public forum when evaluating restrictions on speech activities. |
Constitutional Law |
|
Oct. 8, 2003 | |
01-71857
|
Vernazza v. SEC
Amended opinion |
|
Oct. 8, 2003 | ||
00-71452
|
Lucas v. NLRB
Union that operates exclusive hiring hall is subject to heightened duty of fair dealing. |
Labor Law |
|
Oct. 8, 2003 | |
D039962
|
Gonzalez v. Paradise Valley Hospital
Mental hospital may be liable for death of patient who escaped during involuntary 72-hour hold. |
Torts |
|
Oct. 8, 2003 | |
G031269
|
City of Los Angeles v. Superior Court (Williamson)
In dissolution of marriage proceeding, wife need not file 'Pitchess' motion in order to obtain husband's payroll records from police department. |
Family Law |
|
Oct. 8, 2003 | |
S114778
|
County of San Diego v. Ace Property & Casualty Insurance Co.
Order |
|
Oct. 7, 2003 | ||
00-17098
|
Nevius v. Read-Rite Corp.
Class members suing under Private Securities Litigation Reform Act failed to allege scienter with particularity. |
Securities |
|
Oct. 7, 2003 | |
99-15185
|
White v. Ford Motor Co.
Amended opinion |
|
Oct. 7, 2003 | ||
00-57066
|
Sundt Corp. v. Dynamic Finance Corp. (In re El Dorado Improvement Corp.)
Because work of improvement was not subject to public acceptance, mechanic's lien was untimely. |
Real Property |
|
Oct. 7, 2003 | |
00-70157
|
Li v. Ashcroft
Order |
|
Oct. 7, 2003 |